There are just a few days until the end of the year, and as planned, parents will be able to enjoy a 16-week paternity leave from January 1, 2021, equating it to maternity leave for the first time .
With this last four-week extension (parents of babies born in 2020 enjoy 12 weeks), the objective of achieving equal, non-transferable and paid paternity and maternity leave is achieved.
Expansion history
Paternity leave originated in 2007. Until then, the father was only entitled to two days off for the birth of a child. With the new permit, it was established in two weeks, a period that was in force until 2017 when it was extended to four, to go to five weeks in 2018.
The Royal Decree Law on urgent measures to guarantee equal treatment and opportunities between women and men in employment and occupation, approved in March 2019, included the entry into force of a new progressive extension.
Thus, on April 1, 2019, paternity leave went from five to eight weeks. As of January 1, 2020, it increased to 12 weeks for the entire year, to finally equal that of the mother as of January 1, 2021 with 16 weeks.
How the permission can be enjoyed
The 16 weeks of leave for both parents can be divided as follows:
- Mandatory six weeks, uninterrupted and full-time, after childbirth (judicial decision or administrative decision in the case of adoption). The biological mother can anticipate this period up to four weeks before the expected date of delivery.
- The remaining ten weeks will be enjoyed in weekly periods, accumulated or interrupted, within the 12 months following the birth or the judicial resolution or administrative decision in the case of adoption.
The first section will be enjoyed full-time, while the second can be distributed full-time or part-time, but cannot be assigned .
If the two parents exercise the leave “with the same duration and regime”, that is, they both enjoy the 10 weeks after the mandatory six, they will each have an extra week .
In addition, certain cases of extension of this period are established:
- Extension by one week for each parent for each child, from the second, in case of multiple birth, adoption or foster care.
- Extension by one week for each parent in case of disability of the child.
- Extension due to premature delivery and hospitalization (for a period greater than 7 days) following delivery, up to a maximum of 13 weeks.
How to apply for the Child Care and Birth Benefit
In order to apply for this permit, now called the birth and child care benefit , it is necessary to be affiliated and registered with Social Security and have a 180-day contribution period covered within the seven years prior to the start date of said permission or, have 360 days of contributions throughout their working life prior to this date.
After sending the documents, the Social Security will notify the interested party in the following days. He will begin to receive income from the month following the one in which the benefit was recognized.
Here you can find a complete guide to process your paternity and / or maternity leave.
In Babies and more | Maternity leave in Spain: how long the mothers leave in each situation
